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I am new to the platform, but my question is: I currently…

Hello, I am new...

Hello, I am new to the platform, but my question is: I currently rent a condo owned/managed by a management company. When our 1-year lease was up (last June), the management sent us a renewal letter. I didn't like the terms and never signed it. The management mentioned that they will keep the same rent, and upon not signing the renewal letter, my assumption was that we're now in a month-to-month relationship. My question is: is the term in the original lease "Renewal length of this lease if not ended by either party is one(1) year. However, the rent for each renewal term will automatically increase by 5% in the event Landlord does not give written notice of a rent increase." enforceable, when they've decided to informally not apply the 5% increase, and nothing was signed at the end of the original lease term?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No, I talked to the management company

Lawyer's Assistant: Where is the condo located?

Center City, Philadelphia

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, my goal is to figure out what my obligations are in terms of termination. Our condo management argues that we have another annual lease which expires on June 30, 2018 (by not signing anything last year). I assumed that they require either 30-days' notice or 60 days' notice to terminate, but upon carefully reviewing the agreement, it doesn't even talk about the termination process outside of terminating at the end of the teram. Also, could you please let me know how this platform works, and if there are any fees associated, etc.? I'd like to understand the process before a lawyer reviews the question above and reaches out to me.

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Answered in 2 minutes by:
4/6/2018
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,862
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Good afternoon. Yes, the site does charge, so if you have questions about the total cost, please contact customer service and they can help.

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Customer reply replied 4 months ago
Good afternoon, I've just provided my payment information and understand that I will be charged $45 in total if I am satisfied with our initial conversation, assuming I don't sign up for the free trial?

Yes, we can proceed online

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Customer reply replied 4 months ago
Great, thank you.

What you shared above, would indicate that the lease had an automatic renewal clause in it. By that, I mean if notice was not given regarding vacating and you decided to stay, it would be for another year term. Now, the issue with the rent would be separate, as you shared that they agreed to not impose the increase and to keep the rent the same. If they did this because they believed and knew you would remain for another year, that would be fine but if there was no meeting of the minds and you thought you had a month to month lease with the same rent, there could be an issue.

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Customer reply replied 4 months ago
there wasn't the meeting of the minds. I just find it puzzling that the agreement does not provide for any means to terminate prior to the lease term.

I do understand but it does not have to and if that was something which you wanted, it needed to be included in the lease. Some leases have an early termination clause, which requires a 60 day notice and fee, to do so. You can speak with them about trying to break this or see if they will allow you to sublease, to walk away.

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Customer reply replied 4 months ago
Thank you, ***** ***** to confirm, there are no implied rules regarding providing termination notice, etc. in PA if it is not in the lease agreement? Practically, we will move out earlier (sometime in May) and hope someone else will lease the unit as soon as possible, but we would rather not be on the hook till the end of June if possible.

You are welcome. Correct, there is nothing which requires the lease to have an early termination clause. That is what needs to be agreed upon between the landlord and tenant. Now, if you move out earlier, you took the risk that the rental may remain vacate and if so, you could be liable for the rent, while this happens and until a new tenant is found. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,862
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Customer reply replied 4 months ago
Got it, and will go ahead and rate you now. Thank you and have a great day.

Thank you

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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